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(영문) 서울고등법원 2016.01.13 2015누47999
귀화불허처분취소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On November 12, 2000, the Plaintiff entered as a foreigner of the nationality of the People's Republic of China (hereinafter referred to as "China"), and filed a voluntary report by illegal aliens, and stayed in the Republic of Korea as a non-professional employment (E-9) qualification after having entered the Republic of China as a short-term visit (C-3).

B. On November 24, 2010, the Plaintiff filed an application for simplified naturalization pursuant to Article 6(2)1 of the Nationality Act on the ground that he/she married with B who is a national of the Republic of Korea around December 18, 2007 with the Defendant on the ground that he/she was married with B.

C. On July 25, 2014, the Defendant rejected the Plaintiff’s application on the grounds that “the Plaintiff and B failed to meet the naturalization requirements prescribed under the Nationality Act because the requirements for normal marital life are not satisfied”

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The substance of the Plaintiff’s assertion is that the marriage relationship between the Plaintiff and B is duly formed and maintained.

Therefore, the instant disposition was unlawful on the erroneous premise.

B. Article 4(1) of the Nationality Act provides that “A foreigner may acquire Korean nationality with the permission of the Minister of Justice for naturalization,” and Article 4(2) of the Nationality Act provides that “The Minister of Justice shall permit naturalization only to a person who satisfies the requirements after examining whether the person satisfies the requirements for naturalization.”

However, nationality is determined as a citizen, and a person who acquires it becomes a sovereign of the State at the same time as a sovereign of the State, so permission for naturalization is an act of comprehensively establishing a legal status as a citizen by granting the nationality of the Republic of Korea to foreigners.

On the other hand, there is no provision that a foreigner granted the right to acquire the nationality of the Republic of Korea to a foreigner.

The form and language of the provision on the basis of permission of naturalization, and the contents of permission of naturalization.

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